What Is The 20/20/20 Rule in Military Divorce?

San Antonio, a vibrant city with a strong military presence, is home to countless active-duty service members, veterans, and their families. For these families, navigating a divorce can be even more complex due to the unique nature of military pensions. Today we’d like to talk about the “20/20/20 rule” and its effects on dividing military pensions in San Antonio.

What is a military pension?

A military pension is a significant financial asset earned through years of dedicated service. In Texas, which is a community property state, all marital assets and debts acquired during the marriage are subject to division during a divorce. This includes a portion of a service member’s disposable retired pay, which is the gross retirement pay minus deductions for health insurance and other authorized expenses.

The Uniformed Services Former Spouses’ Protection Act (USFSPA)

The USFSPA is a federal law that grants former spouses of military members certain rights regarding military pensions. It allows former spouses who were married to a service member for at least 10 years, with at least 10 years of overlap between the marriage and military service, to claim a portion of the disposable retired pay.

How is a military pension divided in San Antonio?

Texas law applies a community property approach to dividing military pensions in San Antonio divorces. However, the USFSPA establishes a framework for determining the former spouse’s entitlement. Here’s where the “20/20/20 rule” comes into play.

The 20/20/20 rule is a simplified way of understanding how much of a service member’s disposable retired pay a former spouse may be entitled to receive. Here’s a breakdown of the rule:

• 20 years of marriage: The former spouse must have been married to the service member for at least 20 years.
• 20 years of overlap: At least 20 years of the marriage must have overlapped with the service member’s active-duty service.
• 20% share: If both criteria are met, the former spouse is entitled to a maximum of 20% of the service member’s disposable retired pay based on the number of months of marriage that overlap with military service.

Here’s an example:

Let’s consider a couple stationed at Fort Sam Houston who are getting divorced. They were married for 25 years, with 22 years of their marriage overlapping with the service member’s active duty. The service member’s gross monthly retired pay is $4,000, and their disposable retired pay after deductions is $3,500.

Since they meet both criteria of the 20/20/20 rule, the former spouse would be entitled to a maximum of 20% of the disposable retired pay based on the 22 years of overlap.

Here’s the math:

(Months of marriage overlapping with service / Total months of marriage) x Disposable retired pay = Former spouse’s share

(22 years x 12 months/year) / (25 years x 12 months/year) x $3,500 = $3,080

In this example, the former spouse would be entitled to a maximum of $3,080 per month as a portion of the military pension.

While the 20/20/20 rule provides a basic framework, it’s important to understand some key points:

• Maximum entitlement: The 20% is the maximum, not a guaranteed amount. The court may award a lower percentage based on various factors, such as the length of the marriage, the former spouse’s earning capacity, and any premarital or postnuptial agreements.
• Prenuptial and postnuptial agreements: Agreements created before or after the marriage can affect the division of military pensions.
• Service member’s disability: If the service member’s retirement is due to disability, the division of benefits may be handled differently.
• State law variations: While Texas applies community property laws, other states may have different approaches to dividing military pensions.

How a San Antonio military divorce lawyer can help

Dividing a military pension in a divorce can be complex. A San Antonio family law attorney experienced in military divorce can help you navigate the legalities and ensure your rights are protected. At Grabe Grimshaw, we can:

• Explain how the USFSPA and the 20/20/20 rule work: Your attorney can analyze your unique circumstances and determine your potential entitlement under the USFSPA and the 20/20/20 rule.
• Gather and present evidence: They will gather necessary documents, including military service records, marriage licenses, and financial statements, to support your case in court.
• Negotiate a fair settlement: Your attorney can negotiate with your former spouse’s attorney to reach a fair and amicable agreement regarding the division of your military pension.
• Represent you in court: If necessary, your attorney will represent you in court to advocate for your rights and ensure the judge considers all relevant factors when deciding on the division of your military pension.

Resources for San Antonio military families facing divorce

The emotional toll of divorce can be increased for military families. Here are some additional resources available in San Antonio:

• Military OneSource: Offers financial counseling, legal assistance resources, and support groups specifically for military families facing divorce.
• The Family Advocacy Program: Provides resources and support for military families experiencing domestic violence or abuse.
• Mental health resources: Military bases often have mental health clinics offering individual or family counseling to help navigate the emotional challenges of divorce.

Military pensions are a valuable asset earned through years of dedicated service. Understanding how these pensions are divided in divorces is essential for protecting your financial security. The 20/20/20 rule offers a starting point, but you’re going to want a San Antonio military divorce lawyer on your side. At Grable Grimshaw, PLLC, we can guide you through the legal process, ensure your rights are protected, and work to help you achieve a fair outcome in your divorce.

Are you facing a military divorce in San Antonio and have questions about dividing your military pension? At Grable Grimshaw, PLLC, our compassionate and experienced San Antonio family law attorneys understand the unique complexities of military divorce. We are dedicated to providing personalized legal guidance, aggressive representation, and unwavering support throughout the process. Call or contact us today for a confidential consultation to discuss your specific situation and learn how we can help you achieve a favorable outcome.